Halakhah su Numeri 16:36

Nefilat Apayim possesses a special power and is most effective in times of distress. Indeed, we see that when God commanded Moshe and Aharon, during their dispute with Koraḥ and his followers, “Separate yourselves from this group and I will destroy them in an instant,” they immediately understood that they must pray intensely. Therefore, they prayed in prostration: “They fell on their faces and said: ‘Lord, God of all living souls, if one man sins, shall You become angry at the entire community?’” (Bamidbar 16:21-22). By virtue of their prayer recited in prostration, the decree was cancelled.

Nefilat Apayim also expresses man’s shame before God. After the Amida, in which we addressed God’s greatness and set all our requests before Him, we are ashamed to show our faces. How did we dare stand before Him in prayer? So we fall down on our faces. Nefilat Apayim also conveys our sorrow as we repent of our sins; we are so anguished that we cannot lift our faces (see Rabbeinu Baḥya on Bamidbar 16:22).

Rav Hershel Schachter (Nefesh Harav pp. 96-97) cites Rav Yosef Dov Soloveitchik as stating that the Torah (Devarim 12:10-11 and Rashi s.v. V’haya Hamakom) clearly indicates that we will build the Beit Hamikdash only after the Jewish people are settled in Israel securely, without any threats from our neighbors. Since, unfortunately, Israel’s enemies still threaten her, we should not yet consider building the Mikdash. The proponents of building the Mikdash, however, counter that the Ramban (Bemidbar 16:21) writes that had the Jews sought to build the Beit Hamikdash during the period of the Judges, they could have done so despite the lack of security and stability during much of that period. In fact, the Ramban insists that the Jews were severely punished for their failure to seek the construction of the Beit Hamikdash.⁶The Ramban suggests that the plague that followed the census in King David’s time (see II Shmuel 24) came as a punishment for the people’s failure to “rally and say, ‘Let us seek out God and build a home for His name.’”

From where do we know that an agent of beit din is sent to summon a defendant? As it is written (Bemidbar 16:12), “Moshe¹See Nimukei Yosef (Mo’eid Katan 8a in the Rif’s pages s.v. Ata Uploni) regarding whether Moshe was considered the equivalent of an actual dayan or merely a messenger of the beit din in the dispute with Korach. sent forth to summon Datan and Aviram the sons of Eliav.” [How do we know that] we inform the defendant that he will be judged in the presence of a great man? As it is written (Bemidbar 16:16), “Moshe said to Korach, ‘You and your entire assembly, appear before Hashem.’” [How do we know that] we mention the plaintiff? As it is written (ibid.) “You, they, and Aharon.” [How do we know that] a set date is mentioned in the hazmanah? As it is written (ibid.), “Tomorrow.” [How do we know that] a second hazmanah is sent? As it is written (Yirmiyahu 46:17, as explained by Rashi; however, see Ritva), “Place Paroh, King of Egypt, in excommunication for having ignored his appointed time more than once.” From where do we learn that the agent of the court [who delivers the summons] is permitted to report to the beit din [about the actions of a recalcitrant defendant] without concern for violating lashon hara (slander) prohibitions? As it is written (Bemidbar 16:14), “Even if you would gouge out the eyes of those men, we shall not go up.” [The court agent must have told Moshe that Datan and Aviram made these remarks, or else he would not have known about the remarks in order to respond angrily – Rashi s.v. Ha’einei.] From where do we derive that we excommunicate (nidui) one who refuses to appear in beit din? As it is written (Shoftim 5:23), “Curse Meroz [for their refusal to join the battle against Chatzor].”

From where do we know that an agent of beit din is sent to summon a defendant? As it is written (Bemidbar 16:12), “Moshe¹See Nimukei Yosef (Mo’eid Katan 8a in the Rif’s pages s.v. Ata Uploni) regarding whether Moshe was considered the equivalent of an actual dayan or merely a messenger of the beit din in the dispute with Korach. sent forth to summon Datan and Aviram the sons of Eliav.” [How do we know that] we inform the defendant that he will be judged in the presence of a great man? As it is written (Bemidbar 16:16), “Moshe said to Korach, ‘You and your entire assembly, appear before Hashem.’” [How do we know that] we mention the plaintiff? As it is written (ibid.) “You, they, and Aharon.” [How do we know that] a set date is mentioned in the hazmanah? As it is written (ibid.), “Tomorrow.” [How do we know that] a second hazmanah is sent? As it is written (Yirmiyahu 46:17, as explained by Rashi; however, see Ritva), “Place Paroh, King of Egypt, in excommunication for having ignored his appointed time more than once.” From where do we learn that the agent of the court [who delivers the summons] is permitted to report to the beit din [about the actions of a recalcitrant defendant] without concern for violating lashon hara (slander) prohibitions? As it is written (Bemidbar 16:14), “Even if you would gouge out the eyes of those men, we shall not go up.” [The court agent must have told Moshe that Datan and Aviram made these remarks, or else he would not have known about the remarks in order to respond angrily – Rashi s.v. Ha’einei.] From where do we derive that we excommunicate (nidui) one who refuses to appear in beit din? As it is written (Shoftim 5:23), “Curse Meroz [for their refusal to join the battle against Chatzor].”

From where do we know that an agent of beit din is sent to summon a defendant? As it is written (Bemidbar 16:12), “Moshe¹See Nimukei Yosef (Mo’eid Katan 8a in the Rif’s pages s.v. Ata Uploni) regarding whether Moshe was considered the equivalent of an actual dayan or merely a messenger of the beit din in the dispute with Korach. sent forth to summon Datan and Aviram the sons of Eliav.” [How do we know that] we inform the defendant that he will be judged in the presence of a great man? As it is written (Bemidbar 16:16), “Moshe said to Korach, ‘You and your entire assembly, appear before Hashem.’” [How do we know that] we mention the plaintiff? As it is written (ibid.) “You, they, and Aharon.” [How do we know that] a set date is mentioned in the hazmanah? As it is written (ibid.), “Tomorrow.” [How do we know that] a second hazmanah is sent? As it is written (Yirmiyahu 46:17, as explained by Rashi; however, see Ritva), “Place Paroh, King of Egypt, in excommunication for having ignored his appointed time more than once.” From where do we learn that the agent of the court [who delivers the summons] is permitted to report to the beit din [about the actions of a recalcitrant defendant] without concern for violating lashon hara (slander) prohibitions? As it is written (Bemidbar 16:14), “Even if you would gouge out the eyes of those men, we shall not go up.” [The court agent must have told Moshe that Datan and Aviram made these remarks, or else he would not have known about the remarks in order to respond angrily – Rashi s.v. Ha’einei.] From where do we derive that we excommunicate (nidui) one who refuses to appear in beit din? As it is written (Shoftim 5:23), “Curse Meroz [for their refusal to join the battle against Chatzor].”

One should not travel with a wicked person neither on the same road, nor on the same ship lest he be damaged on his account. Don't hang around with a wicked person who causes damage to many (neither on a road nor on a ship) as is written "... So that you won't perish because of their wicked deeds" (Bemidbar 16:26)